NY Rules Governing Construction Worker Trips, Slips and Falls

Slips Trips and Falls at Constructions Sites in New York can lead to serious injuries. Luckily, the laws of New York enable construction workers to sue the owners, general contractors and others for damages caused by dangerous work sites.

In NY a construction worker can sue the owner of a building or property, a general contractor, or other entity responsible for a dangerous condition for the failure to provide a safe work place. Owners and General Contractors specifically must make sure that:

All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.

See New York Labor Law Section 241(6).

In regards to slipping and tripping hazards there are rules that owners, general contractors and other trades must obey in New York to keep construction workers safe. These rules are in place because hazards on construction site floors can often be hard to see as workers may be carrying materials or engaged in work, preventing them from being able to observe hidden dangers on the ground.

For example, to protect NY construction workers from slipping and falling, and suffering injury, there is Industrial Code Rule Section 23-1.7(d):

Slipping hazards. Employers shall not suffer or permit any employee to use a floor, passageway, walkway, scaffold, platform or other elevated working surface which is in a slippery condition. Ice, snow, water, grease and any other foreign substance which may cause slippery footing shall be removed, sanded or covered to provide safe footing.

To protect NY construction workers from tripping and falling, and suffering injury, there is Industrial Code Rule Section 23-1.7(e):

Tripping and other hazards. (1) passageways. All passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping...(2) Working areas. The parts of floors, platforms and similar areas where persons work or pass shall be kept free from accumulations of dirt and debris and from scattered tools and materials...

Thus, a construction worker working at a construction site in NY, who trips or slips and suffers injuries may sue for compensation for damages. Such damages may include, pain and suffering, loss of enjoyment of life, medical bills, lost wages, and other related expenses. Workers who cannot return to work may also be able to recoup lost union benefits. A construction worker may hold the Owner or General contractor responsible for damages caused by tripping or slipping due to a hazard, even if a co-worker was responsible for creating the hazard.

If you or someone you know has a question, you should contact a NY attorney experienced in handling construction accident cases, as there are many laws, and rules which may affect or limit the right to recovery. Zalman Schnurman & Miner P.C. is NY personal injury law firm experienced in representing injured construction workers. All consultations are free. All cases are taken on a contingency basis, so there is never a fee if there is no recovery. For a free consultation contact 1-800-LAWLINE (1-800-529-5463) or 212-668-0059.

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